Defending and Legally Establishing the Good News (1950)
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Defending and Legally Establishing the Good News
DEFENDING AND LEGALLY ESTABLISHING THE GOOD NEWS
JEHOVAH, the almighty God, has given us, Jehovah’s witnesses, the good news of His government of righteousness. This we have received through Christ Jesus, the wonderful Counselor. (Isa. 9:6) He guarantees us freedom to tell the whole world this good news. (Matt. 24:14; John 8:32) Religious fanatics and other zealots who do not agree with us attempt to limit or stop our telling the good news. They contend that it is improper for us to tell it out among the people as did the Lord Jesus and his apostles. They insist that we retreat to a pulpit in a church building or meetingplace. We have declined to retreat, stop or decrease our preaching the good news.
Our opponents, the religious fanatics, desiring to Interfere with our business of preaching the good news, ‘frame mischief by law.’ (Ps. 94:20) They attempt to induce the police and other law-enforcement officers to force us to abandon our God-given service. Some officials have capitulated to the demands of such fanatics and joined them in oppressing us. They have falsely arrested us because we refused to compromise our commission to preach and teach the people about God’s kingdom.
This precise oppression in the last days was foretold by the Lord Jesus. He said: “If they have persecuted me, they will also persecute you.” (John 15:20) Like opposition and persecution was resisted by the apostles, foremost of whom was the apostle Paul. He said that his fight for freedom to worship Almighty God resulted in his defending and legally establishing the good news. (Read Philippians 1:7.) Similar resistance on an international scale by us, Jehovah’s witnesses, to this persecution has resulted and continues to result in our defending and legally establishing the good news throughout all Christendom.
BRIEF PICTURE OF JEHOVAH’S WITNESSES
The name, Jehovah’s witnesses, we get from Jehovah. He gives us the name at Isaiah 43:10 (Am. Stan. Ver.): “Ye are my witnesses, saith Jehovah.” Being God’s witnesses requires that we give testimony to others at their homes, publicly on
Copyright. 1950. and published by Watchtower Bible and Tract Society. Inc. Brooklyn, New York, U. S. A.
Made In the United States of America
streets and in meeting-places, and that we explain God’s Word to all who will listen. In obedience to this requirement we use all lawful and proper means of preaching. The message we take to the people is primarily oral; in addition thereto we distribute literature explaining God’s purposes as expressed in the Bible, publicly upon the streets, highways and byways throughout the inhabited earth.
We are an international society of ministers engaged in preaching the gospel of God’s kingdom in the above-described manner under direction of the Watch Tower Bible and Tract Society, which is a religious-charitable, nonprofit corporation organized for that purpose.
The legal Society maintains administrative offices at Brooklyn, New York, from which are directed the world-wide activities of Jehovah’s witnesses. The world is divided into geographical divisions according to countries. Branch offices are established in principal countries to care for the work in those lands. Each country is divided into districts; each district is divided into circuits; each circuit is composed of several “companies”, a term used to designate the local congregations. Each congregation of ministers systematically preaches to the people in its assigned territory.
PURPOSE OF BOOKLET
The purpose of this booklet is to give advice to all of Jehovah’s witnesses, and others who want this truthful information, so that each of us may reflect accurately the holdings of the courts in the democratic lands. Such counsel will help us show to all officials, police and courts that they should allow our work to go unhampered. It is also to aid judges, lawyers and officials to avoid violations of the fundamental law by imposing restrictions contrary to the constitutional guarantees of freedom of speech, press and worship, and law of Almighty God. Consideration of these precepts which have been written into the law of the land by the courts may lead the officials and police to recognize our freedom guaranteed by Jehovah God.
SUPREMACY OF GOD’S LAW
Jehovah God has commanded us to resist the efforts to interfere with our service to him. The duty of every servant of God is not to be overcome by persecution but to throw back the attempts to misapply and wrongfully enforce the laws. Obedience to God is better than sacrifice or compromise with those who oppose our preaching work. (1 Sam. 15:22) God’s laws or commandments are supreme. We must keep his commandments.—Rev. 12:17; Mark 12:28-33.
Peter, the apostle, was confronted with a like predicament. The officials ordered Peter and his fellow ministers of Christ
to discontinue their door-to-door and street preaching. He answered that the servant of Jehovah God must obey God rather than men. (Acts 5:29) On a previous occasion, because of the bold proclamation made publicly concerning Jesus by Peter and John, the authorities were enraged. They threatened the apostles and charged them not to speak in the name of Jesus. Refusing to discontinue, Peter and John answered: "Whether it is right in God’s sight to listen to you instead of listening to God, do you judge. As for us, what we have seen and heard we cannot help speaking about.”—Acts 4:19-21, Weymouth.
The bold stand of the apostles established the principle which caused the authors of the Constitution of the United States of America to secure freedom of worship against abridgment. This was so declared by the Supreme Court of the State of Florida in discharging one of Jehovah’s witnesses who had been unlawfully denied his liberty in the case of Singleton v. Woodruff, Chief of Police, 153 Fla. 84, 13 S. 2d 704 (1943). There the court said:
“Freedom of conscience is much older than the Declaration of Rights or the common law. Peter and John first invoked it when they were commanded by the high priest and the Roman rulers to speak and teach no more in the name of God. Acts 4:17-21. So the soil from which it springs like many other cherished precepts of the common law reach back to Hebrew origin and historically reveal why a free press, speech, and religion are in a preferred class, protected by the State and Federal Constitutions and immunized from charge by the State.”
That God's law is supreme and may not be subordinated to the law of man is supported by the great English judge, Blackstone, who wrote the leading textbook on the common law of England. Blackstone asserts that the law of God “is, of course, superior in obligation to any other. It is binding over all the globe, in all countries, and at all times: no human laws are of any validity, if contrary to this; and such of them as are valid derive all their force and all their authority, mediately or immediately, from this original." —Blackstone’s Commentaries on the Laws of England, Chase, New York, Baker, Voorhis and Company, 1938, pp. 5-6.
These examples from the law of England and the United States will serve to illustrate a general principle underlying the law of every democratic and enlightened nation, namely, that the citizen is recognized as having a supreme obligation to his Creator and has a right to freedom of speech, press, assembly, conscience, and worship. These fundamental liberties may be protected against police interference by appeals
to the courts. All official efforts to curtail or stop our preaching of the gospel may be resisted in this manner as being contrary to the fundamental law of any nation that is not totalitarian or a police state.
RIGHT TO CLAIM CITIZENSHIP
We have the right and responsibility of insisting on our citizenship rights accorded by the nations. We must assert and rely upon such citizenship rights which guarantee freedom of speech, freedom of press, freedom of assembly, freedom of conscience and freedom to worship Almighty God, in order to protect our field of preaching.
The apostle Paul claimed his Roman citizenship as a refuge against mobsters. (Acts 16:37) When he made his defense at an army barracks in Jerusalem, he claimed his right to freedom of speech to preach publicly to the people. He relied upon his fundamental rights under the law as a Roman citizen.—Acts 22:3,25,26.
The Supreme Court of the United States commended the claim of citizenship made by Paul. In Edwards v. California, 314 U.S. 160, 182 ; 62 S. Ct. 164, 171; 86 L. Ed. 119, that court said: "The power of citizenship as a shield against oppression was widely known from the example of Paul’s Roman citizenship which sent the centurion scurrying to his higher-ups with the message: ‘Take heed what thou doest: for this man is a Roman.’ I suppose none of us doubts that the hope of imparting to American citizenship some of this vitality was the purpose of the . . . Fourteenth Amendment.” Paul’s thus fighting faithfully shows clearly that we should never hesitate to claim every citizenship right that may be ours in the country where we preach the gospel.—1 Tim. 6:12.
Our Christian preaching and teaching in the primitive apostolic manner enjoins upon all people obligations of justice, decency, morality and respect for law and order, and belief in God’s justice and the hope of the new world, which is a real bulwark against the dangerous and violent political ideologies that teach the overthrow of states and the alteration of the systems by violence. Without such moral precepts as are taught by the Bible and the resultant cooperation of the citizens with the forces of law and order, there would be a great additional burden of law enforcement, prisons and welfare institutions in order to maintain peace and order in the state. The ministry of Jehovah’s witnesses makes a real contribution in every state by teaching the people their responsibility to God and has rehabilitated many persons who through lack of proper education have allowed themselves to degenerate mentally and morally.
Jehovah’s witnesses are good and law-abiding persons of whatever country they inhabit and they expend their time, energies and money in helping their fellow countrymen to gain a further appreciation of the Word of the Most High. This is a very real contribution which they make wherever they are, and it is eminently proper and just that they should claim and receive all the rights and protection accorded to citizens of any nation.
JEHOVAH’S RECORD OF VICTORY
Court decisions in our cases have been piled high, as it were, stone upon stone, to establish a strong buttress against the rushing torrent of oppression. These precedents stand strong and immovable, like a mountain of victory raised by Jehovah out of the floods of violence and persecution waged against us by religious bigots and fanatics in many lands. Public-spirited men of honesty, justice and courage among the judiciary and other governmental agencies have seen the righteousness of our fight and the need to maintain fundamental liberties and have given us equal protection of the law and shown good administration of government. Thus the righteously disposed officials of the nations of the earth have joined in swallowing up the dragon’s illegal oppression and persecution.—Rev. 12:15,16.
In fact, our way of worship has, in America, been written into the law of the land by the Supreme Court and other courts. To a smaller extent this has been done in other countries. We have, by the help of Jehovah, become proficient at using the treasures of liberty set in the fundamental law of the land of many nations.
CONDITIONS PRECEDENT TO CLAIMING LIBERTY
In order that each one of us may have a part in properly proclaiming the truth we should have a knowledge of the fundamental teachings of the Bible. This is a minimum requirement with which each of us must comply. We are admonished to study to show ourselves approved unto God, rightly handling the Word of truth. (2 Tim. 2:15) This does not mean that we should memorize scriptures and, when called upon to testify concerning God’s kingdom of righteousness, repeat them by rote. We should strive to grasp ideas from what we hear and read. (1 Pet. 3:15) The details will be remembered in time. By constant use of the “sword of the spirit, which is the word of God”, in door-to-door preaching, return visits, conducting Bible studies and public preaching we will acquire the necessary knowledge. Of course, all of us must attend regularly and participate in the study meetings of the congregation and take advan-
tage of the training and instruction provided by the ministry schools.
Have in mind that we shall be brought before “rulers and kings’’ for the sake of giving testimony concerning the message of God's kingdom, as were Jesus and his apostles in the early church. (Mark 13:9,13) None can tell when he may be haled before the authorities to give an account of his ministry. It is necessary that we be prepared at any time to make our defense.
Jesus informs us that we need not be overly anxious or perturbed about such appearance, since the holy spirit will imide us. (Mark 13:11) Nevertheless, he also shows us that this direction by the holy spirit will be obtainable only by previous study. (John 14:26; 16:12-15) So we should regularly study the Bible and the Society’s publications in order to lie efficient ministers. Without such preparation we will fail to give a proper statement for the truth.
AMBASSADORS, BOLD BUT TACTFUL
We are ambassadors for Christ. (2 Cor. 5:20) As such we should act on a high plane of dignity. An ambassador speaks with full authority of his government. He opens his mouth boldly and makes known the position of his government. We therefore ought to speak boldly in behalf of God’s Theocratic Government. (Eph. 6:18-20) To speak boldly to a person who requests that we stop preaching does not mean that we should be rude. Even our boldness must be appropriately clothed with courtesy and kindness.
We take heed to our words. We avoid starting arguments with people who do not agree with us, including the police or other officials. We exercise care that we transgress not with our lips. We keep a bridle on our tongue in order that we may maintain tactfulness. (Ps. 39:1; Jas. 3:2-5) Jesus informs us that, when dealing with opponents, we should be as cautious as serpents and as harmless as doves. This holds true whether at the door, in the home, on the street, at the police station or in court. (Matt. 10:16) Regardless of how insulting and offensive a person may be when we are talking to him, or how unreasonable an officer may be, we do not utter all the thoughts in our minds that may be precipitated by such misconduct. (Prov. 29:11) We know that officials and others are often led to anger against us because of misrepresentation. We should be compassionate with them at all times. In a dignified manner becoming an ambassador we turn away their wrath with soft words. Cutting words and acrid language stir up anger and violence. (Prov. 15:1) By avoiding harshness and averting violence we may often assuage trouble. As ambassadors we
should strive to pour oil on the troubled waters and smooth the opposition out of the way with the boldness and dignity that is befitting our lofty office.
UNINVITED CALLING AT THE HOMES NOT IMPROPER
We do not invade the rights of the people by calling from door to dooi’ at their homes without invitation. There is an implied invitation made by the law of the land for every minister and missionary to make uninvited calls at the homes of the people. This invitation does not give us the right to stay at a door and refuse to leave when the person to whom we are talking requests us to leave. Moreover, we do not persist in staying at the doors of the people. We quickly pass on to the next door or house when one says he is not interested. We do not remain and argue with him over his lack of interest or his decision not to listen further. —Matt. 10:14.
The police and local tyrants do not have the right to say that we should not call from door to door. This is a decision that must be made by each of the householders called upon and by him alone. Whether we may call from door to door is not for the state or local government or landlord to decide.
While we comply with the order of the householder to leave his door, we refuse to conform to the command of the local authorities to stop calling from door to door. The decision made by the local police often is found not to be what the householder wants. There are literally hundreds of thousands, even millions of householders who welcome our visits at their doors throughout the world. We have a right to accept their welcome expressed by them or implied by law.
STREET PREACHING PROPER
Our preaching publicly on the streets is done orally and by the distribution of literature, usually the magazines The Watchtower and Awake/ When an interested person discusses with us the literature being distributed, we take advantage of the opportunity to explain about God’s kingdom and his purposes as found in the Bible. We also use the street method and the door-to-door method of preaching to invite people to attend private meeting-places where Bible discourses are given.
The public streets and the houses are appropriate places to talk to the people and teach them God’s Word. As places for preaching the gospel, they are as appropriate as the pulpits. When requested by the police to stop such lawful and God-directed work of preaching, we echo the words of the apostles: “It is necessary to obey God, rather than men.” —Acts 5:29, The Emphatic Diaglott.
DEALING WITH POLICE
Police and other officers sometimes approach us in our missionary field and demand that we discontinue such activity. The police have no authority in law to support them in making such request. They are driven to resurrect forgotten ordinances and buried laws to satisfy the demands of the clergy to "stop Jehovah's witnesses". If they cannot dig up antiquated ordinances or bylaws, they misapply good laws which forbid commercial selling of merchandise or peddling. We are ministers of the gospel engaged in a noncommercial work which does not come within the terms of peddling laws.
The police usually abandon their efforts to stop or interfere with our work when we explain to them the nature of our preaching activity and inform them that the fundamental laws of the land forbid their interference therewith. A courteous explanation and firm stand taken by us in every nation ordinarily results in the withdrawal by the police of their demands that we stop preaching.
When the police insist that we desist from our work we courteously explain that we are ordained ministers of the gospel. We show that we are preaching and not violating the law. We explain that we are associated with other ministers under the direction of the Watch Tower Bible and Tract Society, a charitable, nonprofit Christian organization. We state that we are not selling books but do accept contributions and freewill offerings when we leave literature with the people, which literature is an extension of our oral preaching and a substitute for the oral sermon. We tender to the officer the literature and point out that it is based upon the Bible and is a substitute for the oral sermon. Also we refer the officer to the court decisions contained in this publication wherein our work has been held by the courts to be entitled to the protection of the constitutions against police Interference. We call his attention to the decisions holding that arrests and prosecutions of Jehovah's witnesses for preaching the gospel and distributing their Bible literature constitute violations of the fundamental liberties of the citizen. We inform the policeman that we cannot discontinue our preaching work upon his instruction; that if we are arrested such will be in violation of the constitutions and in conflict with the commandments of Almighty God.
ARREST AND APPEARANCE AT POLICE STATION
If the officer places you under arrest and orders you to accompany him to the police station, comply with his request. Do not resist arrest, but obediently accompany him. Do not by force or any other means try to escape from cus-
tody. When escorted into the police headquarters and before the superior officer, speak boldly but courteously to him. Explain fully your preaching work as a minister, as you did to the officer who arrested you. Explain why the law does not apply to a minister of the gospel. Show the noncommercial nature of your work and that the literature is composed of printed sermons. Endeavor to persuade the police at the station to call in the attorney for the city. Refer them to the court decisions in this publication that sustain your right to carry on your public witnessing work. Sometimes even after being arrested by the police in the Held, you may be discharged by the officer in charge of the station or by the attorney for the city, when they see that your ministerial and missionary work is protected by the law of the land and the court decisions.
HELD FOR TRIAL
Should the police not release you but file charges against you, wait for the law to run its course and do not argue with the police over their decision to prosecute. Immediately, when you learn you are to be prosecuted, request (1) a copy of the complaint, information, summons or warrant and (2) a copy of the ordinance, bylaw, statute or law. If the police cannot supply such, obtain them from the city clerk or other official to whom the police refer you. If you cannot get a copy, ask permission to copy the same yourself.
Request the police to release you on your own promise to return for trial. The police will usually allow you to make your own recognizance or bond without getting bondsmen to sign for your release. If you are not released on your own promise to return, ask for permission to communicate with friends to obtain property owners to make bond for your release. Request them to bring their tax statements, deeds and other title papers to their property so that their bond will be acceptable. If you cannot arrange for bond locally then telegraph the Branch office of the Society about the charge made and your need for bond. Do not put up cash bond if other bonds are available, because it is difficult to get the money returned. If cash is demanded, do not put up the cash yourself. Have some other person deposit the cash in order to avoid having a fine collected from the money.
Before leaving the police station get a copy of the complaint and the ordinance, bylaw or statute under which you are to be prosecuted. Also request the police to adjourn, postpone or continue the trial for at least three weeks to allow time for reporting the matter to the Society. If the request is denied, get the exact time and place that you are required to appear for trial. If you do not have ample time
to mail your report to the Society’s Branch office and receive a reply, immediately telegraph the Branch office of the Society, giving the facts about the arrest, what you were doing, the nature of the charge and the kind of law involved, so that timely advice can be furnished you.
CONFISCATION OF PROPERTY
The police have the right, when they place one in jail pending trial, to take from him all valuables and papers for safekeeping. These are to be returned upon release from jail. The authorities have the right to retain, for use as evidence, one or two pieces of literature used at the time of your arrest. Obtain a receipt for all property kept by the police. Your extra literature, bookcase and contents, purse and contents, magazine bag and other personal belongings, however, should be returned to you upon your release. Should the police keep personal property their action is unlawful. Make a vigorous protest and threaten to take legal action against the police to recover such personal property. Go to the judge of the court where your case is to be tried and request him to order the police to return your property.
REPORTING
Immediately after being released you should prepare an accurate written report, with typewriter if possible, to the Branch office of the Society. Give all the facts as to what you were doing on the occasion of your arrest, what started the controversy, what the police did in the field and at the police station and what action is expected in the future. With the report enclose a copy of the information, affidavit, summons, complaint or warrant and a copy of the law involved. Enclose, if then available, any newspaper clippings. Give the name of the court where you must appear and the date of trial. Also include the name of the judge and the name and address of the prosecuting attorney. If you live in the United States or any other country where the Society maintains a legal office at its Branch office, request advice on the validity of the law and how to proceed.
The company servant or his assistant (if you are not a pioneer assigned to isolated territory) should aid in making the report and sign it with you. If the report is made promptly you will be able to obtain proper advice as to the procedure to follow in preparing for your trial.
PREPARATION FOR TRIAL
You should prepare for the trial after being released and making the report to the Society’s Branch office.
Whether you should employ an attorney or a court stenographer depends entirely on whether there will be a trial
de novo (that is to say, a rehearing of the evidence entirely anew) upon the appeal. Therefore you should immediately determine if the appeal from the trial will be heard in the higher court upon the record made in the first trial or if the evidence will be heard entirely anew, on appeal as though there had been no trial in the court in the first instance. Consult a local lawyer to find out about this immediately after arrest and notify the Branch office of the Society.
If witnesses are to be heard all over again in the trial upon appeal, it is not necessary for you to employ a lawyer or have a court stenographer present at the first trial. But if the hearing upon appeal is a mere review of the testimony taken on the first trial, you should employ a local lawyer and also have a court stenographer come to the trial to take down all of the testimony and make a record of the proceedings. This is necessary so that the higher courts will be able to have the case properly presented to them. Without a lawyer or a court stenographer to take down testimony a proper record will not be made for review in the appellate courts. If a proper record is not made the appeal will fail. It is very important that you get the correct information, in order to determine whether it is necessary to have a court stenographer present at the first trial.
Whether a local lawyer should be engaged to represent you in the first trial depends upon the circumstances. If the legal office of the Society has had an opportunity to consider the report you have sent in, you will be advised whether to employ local counsel.
Where it can be conveniently arranged, it is the desire of the Society to have an attorney of its choice, such as its general counsel or some regular attorney, to work with the local counsel in the trial and appeal of certain important cases. This will be determined by the Society from the report made of the arrest and the case. Accordingly it is important to secure a postponement of the case long enough for the Society to determine whether the general counsel or some district counsel will help in the trial.
If you cannot get advice from the Society’s legal office before the time of the trial you must decide whether to employ local counsel to represent you. No attorney will be engaged unless he will agree to assert your fundamental rights of freedom of speech, press and worship and will put the grounds in the record of the trial in harmony with directions from Society’s counsel.
You should inform such local attorney that he will be furnished with briefs (written argument) and decisions in similar cases which should reduce the amount of the re-
search work done by the attorney and keep the costs of his preparation to a minimum. Society's counsel will help him on appeal by preparing the printed briefs required for filing and handling the printing of the record. The most effective presentation of the appeal will be insured by such cooperation between local counsel and Society’s counsel. If such local counsel cannot be obtained, inform the Society. Counsel for the Society may be in position to recommend some attorney for handling the case.
It is more satisfactory to agree with the local attorney in advance on the fee to be charged or money to be paid him on the basis of the work to be done. Before any large fees are agreed upon, you should write to the Society’s Branch office for advice. You do not have authority to obligate the Society for attorney’s fees without its prior consent.
Arrange to take to court all of the equipment, including your Bible, you were using at the time of your arrest The other ministers of the congregation, as well as the associated people of good will, should be informed of the time and place of trial so that they may attend the hearing if they desire to do so.
Members of the congregation who own property and are willing to provide an appeal bond in event of conviction should be requested to attend the trial. These usually will be the bondsmen who have filed appearance bond for you. If you were allowed to go on your own recognizance, be sure to arrange for someone to attend the trial to sign appeal bond. He should bring with him his tax statements and title papers so as to make acceptable bond.
If, by the time the trial occurs, you have not been able to secure satisfactory legal counsel, you should prepare to handle your own case. In cases where suitable counsel cannot be found it is proper to have some capable brother to assist you as a friend In court or agent, which is permitted in most lower courts.
Before the trial you should prepare a paper (known as Motion to Dismiss) for handing to the judge. This you should typewrite on good paper, double-spaced, using only one side of the sheets. If you do not have a typewriter, prepare the document in ink. An original and three copies will be required. The original you will give to the judge at the proper time; another copy you will give to the prosecuting attorney; the third will be sent to the Society when you make your report of the outcome of the trial. Retain one copy for your file.
The Motion to Dismiss which you prepare to take to court for delivery to the judge and prosecuting attorney is as follows:
State [or Province) of [Fill In name of state or province) County [or District] of [Fill In name of county or district] City of [FID in name of city) [Fill in name of court]
[Fill in name of complainant] Complainant versus
Motion to Dismiss
(Fill in name of defendant] Defendant
Now comes the defendant at the close of all the evidence and moves to dismiss the complaint, for a finding of "not guilty" and tor a judgment of acquittal upon the following grounds:
(1) The undisputed evidence shows that the defendant Is not guilty as charged In the complaint.
<2) The prosecution has wholly failed to make out a case against the defendant and the evidence shows that the defendant Is not guilty of the offense charged.
(3) The defendant is an ordained minister, preaching the gospel of God's kingdom orally and by distributing literature containing Bible sermons, and therefore the law as properly construed does not apply to the activity of defendant.
(4) The law supporting the prosecution can not properly be construed and applied to the circumstances proved In the evidence, because the defendant was merely preaching the gospel and was not engaged In peddUng, soliciting or commercial sale of any kind of merchandise.
(5) The law In question as construed and applied to the particular facts and circumstances shown In the evidence Is Invalid, void and ultra vires because it abridges and denies the rights of freedom of speech, press and worship of Almighty God. contrary to the fundamental law of this country.
(6) The law Is Invalid because it Is not authorized by the enabling statute pursuant to which It has been enacted.
(7) If the law Is construed and applied to cover the defendant's activity, then it unlawfully abridges and denies defendant's right of freedom of conscience, freedom to worship Almighty God, freedom of speech and freedom of press, contrary to the United States Constitution. first and Fourteenth Amendments.!
(8) If the law Is construed and applied to cover the defendant’s activity, then It unlawfully abridges and denies defendant's right of freedom of conscience, freedom to worship Almighty God. freedom of speech and freedom of press, contrary to the Constitution of this State.2
1 If the country where the prosecution is brought has no written constitution, substitute for the words In Italics: fundamental law of this country. In event your country (other than the United States) has a written constitution substitute for the words In italics the name of the constitution.
z Point 8 should be omitted If the prosecution is brought outside the United States, unless the prosecution Is brought In a province or district which has a written constitution. In that event substitute for the words in Italics the name of the constitution.
WnuBBroeK the defendant prays that this court enter a judgment dismissing the prosecution, finding the defendant "not guilty" and acquitting the defendant.
[Signature]
Defendant
APPEAL
The apostle Paul appealed to higher authorities in order to escape persecution and death at Jerusalem. He said: “I appeal unto Casar.” Also he said: “I stand at Casar’s judgment seat, where I ought to be judged." (Acts 25:10,11) His appealing set the pattern for us today. You should not let a decision of a lower court stand against you without review by the appellate courts.
Should the court find you guilty and assess punishment, say to the judge: “I want to appeal this case.” Then request the judge to furnish the necessary paper appeal blank and appeal bond blank (if you do not have a lawyer). If he will not help, you should hire a lawyer immediately. You should request the judge to allow you to go free long enough to employ an attorney and prepare your appeal papers. Have the lawyer prepare and file the appeal papers and do what is necessary to complete the appeal and secure your release from jail pending appeal.
In some places the law requires a written notice of appeal to be given to the clerk of the court and to the prosecuting attorney. If this is not done the appeal will fail. The time within which to appeal, in some courts, is very short For example, in the State of Missouri, the appeal papers must be prepared and filed on the day of conviction. The law varies in each country and state. Check on the time and manner of appeal before the trial, if possible, and always promptly after the conviction. Be sure that an appeal is taken within the time and way required by the local law. If the appeal papers are not prepared and filed in time the case will be lost in the higher court.
Often a copy of the ordinance, bylaw or statute is not included in the record on appeal. If it is not attached you or your lawyer should attach a copy of it to the appeal papers. Be certain that this is done.
The record made by Jehovah’s witnesses in the United States proves the importance of appealing to the higher courts all decisions that are adverse. Had the thousands of convictions entered by the magistrates, police courts and other lower courts not been appealed, a mountain of precedent would have piled up as a giant obstacle in the field of worship. By appealing we have prevented the erection of such obstacle. Our way of worship has been written into
the law of the land of the United States and other countries because of our persistence in appealing from adverse decisions.
JURY TRIAL
As a part of our preparation for trial we must determine whether a jury trial is necessary. Most courts allow a jury trial unless it is abandoned by the defendant. Other courts will not grant it unless it is requested by you. Ordinarily it is not necessary for you to have a jury trial. In Bible times cases were decided by the judges. Juries were unknown. While a jury trial is not contrary to the Scriptures, it is usually not necessary to have a jury for our trials. They do not involve disputes in testimony or the facts. For the most part they involve matters of law which are for the decision of the court without a jury. It would be a waste of time and money to have a jury trial, because there would be nothing for the jury to decide. Unless counsel for the Society advises you to obtain a jury, inform the judge that you want your case tried by him without a jury. In event you are advised to have a jury trial, make the demand at the time the case is called for tnaL
PREPARING TO TESTIFY
Before your trial you should meet with your lawyer, if one has been employed. If you do not have a lawyer, you should have one of Jehovah’s witnesses meet with you to help you prepare for trial. A capable brother can assist you by taking the part of the lawyer. Questions pertinent to the case should be selected from among those listed below and propounded to you by your counsel or friend. At this meeting other witnesses who will be introduced in your behalf should also be present and similarly prepared for the trial.
Suggested Questions for Direct Examination
1. State your name. age. address and occupation.
2. With what group do you preach?
3. Under the direction of what society do you perform your missionary work?
4. What are the chartered purposes of the society that you represent?
5. Who are Jehovah's witnesses?
6. Where did the name "Jehovah's witnesses" originate?
7. Are you an ordained minister?
8. When, where and how were you ordained?
9. What Scriptural authority do you have for your ordination?
10. Where do you preach?
11. Where is your congregation located?
12. How did you get the assignment of your missionary Held?
13. Where Is your missionary field located ?
14. How do you preach the gospel In your assignment?
IS. Will you explain fully what you do at the doors of the people and how you present the message?
16. What do you do If the people are not Interested ?
17. Demonstrate to the Court how you presented the literature to the people at their homes.
18. Do you make back-calls or revisits upon the people after you have called from door to door?
19. How Is this back-call work carried on by you?
20. What authority or grounds do you have for preaching from door to door?
21. What practical reasons do you have for not contlnlng your preaching to a pulpit In a building?
22. Do you also preach publicly on the streets?
23. When, where and how Is this street preaching done In your missionary field?
24. Demonstrate to the Court how you were ottering the literature to the people on the streets.
25. Did you block the sidewalk, cause a crowd to congregate or obstruct entrances to the buildings?
26. Where were you standing on the sidewalk?
27. What did you say to the people who talked to you about the literature you were distributing?
28. What do the contents of the literature relate to?
29. Do you establish Bible studies in the homes of the people?
30. How are Bible studies conducted?
31. How often are Bible studies conducted, and over how long a period of time?
32. In the performance of your preaching work do you act as a minister?
33. Are all the things that you do In your preaching work required of you as a part of your duties as a minister?
34. State the entire conversation that you had with the officer from the time he accosted you until you were taken to the police station.
35. What preaching work were you doing In your missionary field on the day that you were arrested from the time you started preaching until the time of your arrest?
36. What were you doing at the time of your arrest?
37. Will you please produce the literature which you were offering to the people?
38 What happened at the home where you were arrested ?
39. Will you please state the full details of all that was said and done by you and the householder from the time you arrived until you departed?
40. Why did you not comply with the command that you stop preaching?
CROSS-EXAMINATION
[Cross-examination means questions asked you, the one on trial, by the opposing attorney. This he does in an effort to weaken or destroy the force of the testimony given.]
Having in mind that you may be subjected to cross-examination and that neither you nor your counsel can anticipate what questions may be propounded, you should be prepared to answer all questions, whether they may be material or
based on prejudice. Some of the questions listed below may be asked of you. For that reason, in preparing for crossexamination, your lawyer or friend should propound them to you:
1. What are the principal doctrines advocated by Jehovah's witnesses and the Society?
2. Isn’t It a fact that you did not attend a theological school before you became a minister?
3. Why didn't you go to a college or university?
4. Why didn't you go through a theological ordlnaUon ceremony like the clergy?
5. Didn't you ordain yourself?
6. Aren't you the one who determines whether you are ordained?
7. Isn't It a fact that you became a minister overnight and that you merely call yourself a minister without having prepared for the ministry?
8. Do you mean to tell us that you were an ordained minister while yet a child?
9. You do not salute the flag, do you?
10. Tell us why it Is that you do not show respect for the flag?
11. You are against the government, are you not?
12. Are you willing to bear arms In defense of your country?
13. In event of an Invasion would you bear arms to defend your country?
14. Do you believe In rendering unto Caesar that which Is Caesar's? IS. Then why didn't you comply with the law of Caesar in this case?
16. Do you believe In the scripture that says ‘Submit yourself unto the higher powers’?
17. Then why didn’t you submit to the orders of the higher powers that required you to stop your work In this case?
18. Isn't It a fact that you attack the religions of other people?
19. Isn't It a fact that you are carrying on a hate campaign against other people’s religion?
20. Are Jehovah's witnesses allied with the communists?
21. Why didn't you stop going from house to house when ordered to do so?
22. Why didn't you move on when ordered to do so?
23. If each one of Jehovah's witnesses Is a minister, then Isn’t it a fact that you do not have a congregation, but are yourself a mere member of a congregation?
24. Don't you make a profit from the sale of this literature?
25. Don't you support yourself from the profit that you make on the sale of this literature?
26. Don't you sell magazines on the street?
27. If you are not selling, then how do you explain the "5 cents'* sign on the magazine bag?
28. What does the literature cost you?
29. What do you get from the people for the literature you distribute?
30. Isn't there a difference between the cost and the amount the people contribute to you?
31. Then you actually do make a profit on the distribution of the literature, do you not?
STUDY FOR TRIAL
Our activities and our ordination are the same throughout the world, even though different countries and different laws are involved. The stand we take for freedom of worship world-wide is based on the same authority, the Bible. From time to time the Society has published articles proving from the Scriptures that our preaching methods are divinely approved, practical and legal. You should carefully review this information as a part of your preparation for trial. See the book "Let God Be True", pages 210-225, 226242, on “Who Are Jehovah’s Witnesses?” and “Salutes and Politics”; the booklets God and the State and Theocracy; the Watchtower magazine, issue of June 15, 1941, on "Covenant Obligations”; issue of February 1, 1943, on "Faith of the Nation Tried”; issue of June 15, 1943, on “New World Ambassadors to the Homes”; issue of January 15, 1944, on "Ordination and the American Courts”; issue of October 15, 1947, on “God’s Ministers of Good News”, and issue of October 15,1948, on "Ministers at the World’s End” and “What Is There in It for Ministers?”; Consolation magazine, issue of May 13, 1942, on “Were You Baptized? and Why?”; issue of March 31,1943, on "Praise from Youth”, and issue of March, 1944, on "Ordination—True and False"; and other pertinent articles.
FINAL PREPARATION
Before going to court for the trial the last tiling to be done is to check to see that all steps suggested here for proper preparation have been taken. Have you obtained a copy of the law involved and a copy of the charge, complaint or similar paper filed against you; and have you sent a copy of each to the Society, together with a report, and received advice? Have you asked for an adjournment of the case? Have you determined whether a court stenographer and a lawyer should be employed to attend the hearing? Have you prepared the Motion to Dismiss to hand to the judge at the trial? Have you made arrangements for someone to be on hand to sign a bond in event a bond is required? Appreciating that you will be representing the Almighty God when you appear in court, you will leave no stone unturned in properly and fully preparing yourself.
ATTITUDE AT TRIAL
At the trial your attitude should be one of boldness and frankness. You will show respect to the judge presiding and to the prosecuting attorney. It is altogether proper to be respectful and courteous, but improper to show fear of men. Fear of the Lord is the beginning of wisdom, but the fear of
man brings a snare. (Ps. 111:10; Prov. 29:25) Remember Jehovah’s words to his prophet: "Thou therefore gird up thy loins, and arise, and speak unto them all that I command thee: be not dismayed at their faces, lest I confound thee before them.”—Jer. 1:17.
Regard your appearance in court as a friendly visit to an honest person and conduct yourself as if you were making a back-call. Appearing in court is not for the purpose of escaping punishment. It is to inform the court and our adversaries concerning the Kingdom hope of all mankind. Do not be concerned over the punishment or the consequences of being found guilty. “In God I trust without fear. What can man do unto me?” (Ps. 56:11; 118:8, An Amer. Trans.) Go to court to give a witness as required by the laws of God and man. Trust in Jehovah for deliverance. (Ps. 34:7; 37:7-9; Isa. 50:7, Am. Stan. Ver.) If Jehovah does not deliver from punishment, be assured that it is his will that the case go to a higher court for a further witness.
In many courts all present are required to rise and stand as the judge enters. The Society considers that this does not constitute a violation of God’s law. It is an act of respect similar to rising from our chairs to greet one who enters our home. Paul set the example for us to follow when he appeared before kings, rulers, judges and courts. When being heard before the visiting king, Agrippa, he was interrupted by Festus. Paul tactfully said, "most noble Festus.” (Acts 26:1-3, 7, 13, 19, 24-26) The use of such words supports the practice in court of addressing the judge presiding with expressions of courtesy and respect such as, “Sir," “May it please the court,” “Your honor, and other similar words.
There is no Scriptural objection to taking an oath to testify to the truth. This is called being “sworn in” as a witness. It is an agreement to tell the truth on matters that the court is entitled to know. There are provisions in the law whereby those who have conscientious scruples to thus being sworn In may be excused therefrom and may "affirm” their statements before God.
A proper attitude of kindness and courtesy on the same dignified level that a judge of a court ordinarily exhibits should at all times be kept by us, as ambassadors of God's kingdom of righteousness. Use of tact, kindness, dignity and proper decorum proves us to be true ministers of God.
BEGINNING OF TRIAL AND PROSECUTION'S EVIDENCE
The trial begins by the judge, prosecuting attorney or other officer reading the written charges (complaint, warrant, Information, or affidavit) against the defendant You
are then asked to plead to the charges. The plea of "not guilty" is made before evidence is heard.
The prosecution will first present to the court Its evidence. The evidence will usually be testimony from a police officer, householder or person on the street who obtained literature. Ordinarily the evidence will be that literature was distributed in violation of some law. The witnesses for the prosecution will testify what they saw you, the defendant, doing at the time of the alleged offense.
You have the right to cross-examine witnesses that appear against you. This means that you may ask questions of each witness who testifies for the prosecution. Such questions must relate to the previous testimony of the witness. There are no hard and fast rules about cross-examination. Remember not to ask a question of the witness when it is known that the answer will be unfavorable. If a witness testifies to a lie, you may ask him a few pointed questions to establish the falsity of his testimony. Cross-examination should be sparingly and cautiously used. If the witness has told the truth and not omitted anything important to you, do not cross-examine him. Say, “No questions." The scope of examination will depend entirely on the circumstances of the case and the testimony given by the witnesses.
When the final witness has concluded his testimony, the prosecutor will say to the judge: "We rest our case,’’ “We close.”
DEFENDANT’S CASE
When the prosecution has finished, you should inform the judge that you desire to submit your witnesses and to give testimony in your own behalf. If you have any witnesses, you should then call them, one by one, to the witness stand.
It may be advisable for you to bring others of Jehovah's witnesses to testify that you are regarded as an ordained minister of the gospel and member of the local congregation, engaged in preaching from door to door as a minister. The witnesses whom you call should be prepared to testify that your congregation is within the homes of the people of good will in your missionary field. Each witness should be prepared to give testimony about your ministry as fully as you do. Each witness should make himself acquainted with all the material that you use in preparation for trial See pages 15-19 of this booklet.
No witness should be called to the stand to testify without having prepared. As part of the preparation for trial, you or your attorney should have first, before going to court, gone over the testimony of any witnesses you plan to offer and discussed with such witnesses the matters to which they will testify.
DEFENDANT'S TESTIMONY IN HIS OWN BEHALF
Following the testimony of your other witnesses, you should take the witness stand last in your own behalf. This Is necessary in order to give a proper witness and testimony concerning your faith and activity. You cannot establish fully your defense of freedom of worship, freedom of speech and freedom of press under the fundamental law unless you take the witness stand and explain fully your side of the case.
If you are represented by a lawyer he should question you concerning your background, training, ordination, missionary work and record of ministry, in addition to what you were doing when you were arrested. He should develop fully what occurred when the police appeared, your conversation with the officers and your reasons why the police should not have arrested you. When you go upon the stand take with you your Bible and the equipment that you had with you for the purpose of preaching at the time of your arrest
In event you do not have a lawyer, request permission from the judge to allow a friend to question you to develop the facts. If the judge will not permit this, you may make a statement under oath without being questioned. This is like being given the opportunity to give a talk, for which you should be prepared.
Speak conversationally, rather than oratorically. Speak loud enough to be heard, remembering that you are a minister. A minister should always talk loud enough to be heard, regulating his volume according to the size of the audience and the room where he is speaking.
Begin your testimony with a statement (if you are baptized) that you are an ordained minister of Jehovah God. If you have not been baptized state that you are a regular unordained minister. Show that you are one of Jehovah’s witnesses, an unincorporated body of missionaries and evangelists, operating in all the principal countries of the earth for the purpose of preaching the gospel of God's kingdom under Christ Jesus as the only hope of the world. Inform the court that the organization and your work are directed by the Watch Tower Bible and Tract Society, a charitable corporation chartered under the laws of Pennsylvania, one of the United States of America, with the following purposes and powers:
"To act as the servant of and the legal world wide governing agency for that body of Christian persons known as Jehovah’s witnesses; to preach the gospel of God's kingdom under Christ Jesus unto all nations as a witness to the name, word and supremacy of Almighty God Jehovah: to print and distribute Bibles and to disseminate Bible truths in vari-
ous languages by means of making and publishing literature containing information and comment explaining Bible truths and prophecy concerning establishment of Jehovah’s kingdom under Christ Jesus; to authorize and appoint agents, servants, employees, teachers, instructors, evangelists, missionaries and ministers to go forth to all the world publicly and from house to house to preach and teach Bible truths to persons willing to listen by leaving with such persons sala literature and by conducting Bible studies thereon; to improve men, women and children mentally and morally by Christian missionary work and by charitable and benevolent instruction of the people on the Bible and incidental scientific, historical and literary subjects . .
State that in your country the work of Jehovah’s witnesses is under the immediate direction of the Branch office of the Society, giving the address.
When identifying yourself as one of Jehovah’s witnesses, state that Jehovah's witnesses get their name from Jehovah God in the Scriptures. “Ye are my witnesses, saith Jehovah." (Isa. 43:10-12; 44:8, Am. Stan. Ver.) “For this cause came I into the world,” said Jesus, “that I should bear witness unto the truth. Every one that is of the truth heareth my voice.” —John 18:37.
If you do secular work, explain that your primary occupation or vocation is the ministry as one of Jehovah’s witnesses and that you engage in secular work during the week to support yourself and to "provide things honest in the sight of all men”. (Rom. 12:17; 1 Tim. 5:8) Say that you do such secular work in order to avoid using the ministry as a charge upon the people in your missionary field and the people of good will toward Almighty God. Refer to the secular work performed by the apostles and other Christian ministers. —Acts 18:3,4; 20:33,34; 1 Cor. 4:12; 2 Cor. 12:14; 1 Thess. 2:9;2Thess. 3:8-10.
Explain your ordination from Jehovah God, which is recognized by your congregation and by the Society. You should be able to give the substance of Isaiah 61:1,2 (Am. Stan. Ver.): “The spirit of the Lord Jehovah is upon me; because Jehovah hath anointed me to preach good tidings unto the meek; he hath sent me to bind up the broken-hearted, to proclaim liberty to the captives, and the opening of the prison to them that are bound; to proclaim the year of Jehovah’s favor, and the day of vengeance of our God; to comfort all that mourn."
Inform the court that you have gone through a public ordination ceremony conducted by Jehovah's witnesses under the direction of the Society. Mention that a short Bible talk was given on the significance of consecration and ordination
at the time you were ordained and that thereafter your consecration was publicly symbolized by water Immersion. Show that this is the ordination ceremony established by Jehovah’s witnesses and the Society and that It is the identical ordination ceremony that the Lord Jesus Christ underwent. Later Jesus appeared in the synagogue and proclaimed his ordination as commanded by Jehovah and referred to the scripture at Isaiah 61:1,2.
If you have not been baptized (one should be baptized as soon as possible after making his consecration) you arc nevertheless entitled to show that you are a regular minister or unordained minister. You preach in the same manner as does the ordained minister and, therefore, you are entitled to the same rights. Tell the court that you are preaching under the direction of the Society and in association with Jehovah’s witnesses, but that you have not as yet undergone the ordination ceremony, and that Cornelius and his fellow Gentile believers were ordained with the spirit of God before they were baptized in water.—Acts 10:44-48.
Next, inform the court that you have assigned to you by the Society and the local congregation a definite missionary field. (If you are a pioneer [full-time] minister in an isolated territory the assignment will be direct from the Society.) State that the country has been divided by the Society into many missionary fields; that a large territory is assigned to the congregation (or to you individually if you are a pioneer); and that a portion of the territory assigned to the congregation is assigned to you. Describe your missionary work from house to house, explaining specifically how you carry on the work, and what you say to the people at the doors. Demonstrate to the judge the literature that you used and tell the Judge what you said when offering the literature. Inform the judge that if the people were interested you left literature with them and allowed them an opportunity to contribute or make a donation. If some were unable to contribute or did not wish to do so, you should tell the court you gave the literature to such persons free of charge. State that if the people you called on were not interested, you thanked them politely and passed on to the next house.
Tell the court then how you carry on the back-call work and the Bible-study work, calling on a large number of people weekly. These many people constitute the congregation that you serve. You may be able to establish that your congregation is almost as large as or perhaps larger than the congregations of the orthodox clergy. Say that you do not require the congregation to come to you and listen to you preach in a church building, as the clergy do, but that you go to the homes of the people. Show that the work you
do in this manner is solely the work of a minister and is not the type of work done by lay workers and Sunday-school teachers in the orthodox religious organizations.
Inform the court that preaching from house to house is a recognized, Christian method of preaching which stands on the same high level and is entitled to the same recognition by the people as preaching from the pulpit Show that such method was employed by the Lord Jesus and his apostles. (Luke 8:1; Mark 6:6; Matt. 10:7,12-14) Jesus instructed his apostles and disciples that if a householder wanted their message they should stay at the home long enough to teach the people, and that if the people in the house were not interested they should "depart out of that house”. Tell the court that the apostle Paul stated that he preached "from house to house”.—Acts 20:20.
Show that it is necessary to go from house to house in order to reach the people. Although there are many different religious organizations, a very small percentage of the people go to church. Statistics show that in a great many countries more than half of the people do not attend church. This does not mean that the people are not interested in the Bible. Jehovah’s witnesses cannot expect all of the people to come to their meeting-places to receive instruction. If we confined our preaching, as the clergy do, to preaching from the pulpits, these people would starve spiritually. Therefore we employ the practical method of going to the people with the message. This we do rather than make the people come to us.
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